burnt his son. In para 31 he stated that his son's both arms and both legs were burnt but his mouth was not burnt and the whole body was also burnt. P.W. 4 Dr. Bikash Kumar during his evidence he has stated that burn over 70% all over face. P.W.2 Lakhi Ram Murmu has disclosed the name of accused persons in his fardbeyan that accused persons are committing the murder of deceased but he did not see the occurrence of murder of his son, hence there is further development and exaggeration came in the evidence of informant (P.W.2) which is not reasonable and trustworthy. P.W. 6 Jairam Prasad who is the 1.0. of this case. In para 21 he has clearly deposed that he did not find anything broke the door, asbestos, wall at the place of occurrence. From outside the room he saw a hole in the asbestos. In para 23 he has clearly deposed that witness Pradeep Napit had said in his statement that he came with sabal and climbed on the roof asbestos. If there is a hole in the roof then the person living inside the room cannot see the person climbing on the roof. In para 27 he has deposed that Suraj Murmu has said to him in his statement that he ran with sabal from the house and climbed on the roof of the room and broke asbestos, but P.W. 2 stated that Manoj Kumar (deceased) told accused persons had broken the asbestos to the room and poured inflammable materials in his room and put it on fire, which is not reasonable and trustworthy. Because the informant given his statement before police on 15.03.2016 after the death of his son Manoj Murmu. The incident held on 05.03.2016 Manoj Murmu died on 14.03.2016. In the meantime when Manoj Murmu was alive, at that time his statement was not recorded by the police, any doctor or any Magistrate. Manoj was not unconscious till that time, he was conscious. Manoj told his father that which people burnt him but did not say anything in front of the police or doctor. There was a hole above asbestos, how in the darkness did Manoj identify the three accused persons inside the room. There was no any explanation. There was no electricity in the room. Manoj Murmu had a mobile, mobile not burn, it was okay how was it possible. This mobile is still with Manoj's father, police had not seized mobile. Where dying declaration was recorded not by a Magistrate, or a doctor but by the 1.0. without explaining the nonavailability of the Magistrate and the doctor and it was not signed by the deponent though literate and not proved to be incapacitated from signing by the burn injuries and when the time of recording statement was not noted the fitness of the deponent to make a declaration was doubtful.
